MODULE 5: Joint and Solidary Obligations
A. Joint Obligation
Article 1208 of the Civil Code explains that an obligation is joint if each debtor is
liable for only a proportionate part of the debt, and each creditor is entitled to a
proportionate part of the credit. The performance of the obligation must be separated and
distinct. A joint obligation is less burdensome for the debtors because the creditor cannot
demand payment of the insolvent debtor to the other debtors. In illustration, May and
April promised to pay June P30,000; the contract is joint. June may demand only the
proportionate amount of debt, which is P15,000 to either May or April. June is not entitled
to demand full payment from either of them.
B. Solidary Obligation
Under the provision of Article 1207 of the Civil Code, an obligation is solidary if the
whole obligation must be fulfilled by either one of the obligors or creditors. In other words,
each debtor is obligated to fulfill the whole obligation and each creditor is entitled to
demand the whole obligation. An act by one debtor or creditor shall benefit the other codebtors or co-creditors. A creditor is also entitled to demand performance from any of the
debtors until performance is fulfilled. The provision also states that an obligation will
always be joint. It will only solidary if clearly expressed by the law, the stipulation, and the
nature of an obligation.
The obligation is called a passive solidary obligation if the solidary is on the part
of the debtors. For instance, Maria and Clara are solidary debtors of Crisostomo with
P10,000 debt. In this contract, Crisostomo demanded the full payment from Clara. Clara
may claim reimbursement from Maria. A solidary obligation is active if the solidary is
on the part of creditors. For example, Jemma was obliged to pay Cassie and Marga
P20,000 as payment for her indebtedness following a solidary contract. Jemma decided
to give the full payment to Marga. Marga is now responsible to give Cassie her
corresponding share from the indebtedness of Jemma, which is P10,000.
C. Indivisibility does not give rise to solidarity or vice-versa
Article 1210 of the Civil Code implies that liability in an indivisible obligation does
not make it solidary by default, it may either be solidary or joint. While in a solidary
obligation, the prestation does not necessarily imply indivisibility. It may either be
indivisible or divisible. Indivisibility is the prestation of an obligation while solidarity is the
juridical tie. In indivisible obligation, using De Leon's words, only debtor guilty of breach
is liable for damages. On the other hand, in solidarity, insolvency of one debtor requires
all the debtor to be liable for the breach. Indivisible Obligation can exist with one debtor
and one creditor. While a solidary obligation must have at least two or more debtors and
two or more creditors.
D. Solidarity with different terms and conditions
Article. 1211 of the Civil Code explains that a solidary obligation does not require
the parties to compel and demand in the same manner. An obligation is solidary as long
as it is expressed, even if the debtors and creditors are bound by different terms and
conditions. For instance, Alisa and Lev solidarily obliged themselves to give Kiyo
P20,000, following these terms: Alisa to pay this month and Lev to pay if Kiyo passes his
exam (conditional obligation). On the first term, Kiyo can demand payment of P10,000,
the share of Alisa, to any of the debtors. While in the second term, there is a condition.
The obligation is demandable if Kiyo passes his exams. After the condition is fulfilled,
Kiyo can demand payment, the share of Lev, to any of the debtors.
E. Prohibited Acts
Acts of a solidary creditor should be useful and beneficial to his co-creditors,
following the provision of Article 1212 of the Civil Code. Prejudiced acts like novation,
compensation, confusion, or remission by the solidary creditor are prohibited. If a
prejudiced act is performed by the solidary creditor, it shall extinguish the obligation and
he is liable for the damages caused by these acts.
F. Effect of novation, compensation, confusion, or remission
According to Article 1215 of the Civil Code, the effect of novation, compensation,
confusion, or remission to a solidary obligation is extinguishment of the obligation.
Performance of these acts by the creditor will hold him accountable for damages and he
is obligated to reimburse the share of other solidary creditors. On the other hand, Article
1215 of the Civil Code is not applicable to a joint obligation. Performance of these acts in
a joint obligation does not extinguish the obligation. The party who committed these acts
is the only one affected since the performance of an obligation is separate and distinct
from the others.
G. Payment by a solidary debtor
The payment in a solidary obligation must be full and not partial. In accordance with
Article 1217 of the Civil Code, once the payment is made by one of the solidary debtors,
the obligation is extinguished. If two or more debtors offered to pay for the entire
obligation, the creditor has the right to choose which debtor will pay. The solidary debtor
who made the payment gives him the right to reimburse his co-debtors their shares. Codebtors are obligated to pay their share on time. Interest will arise if payment is made
after the debt is due (Art. 1217). If one of the solidary debtors is insolvent, the other
solidary debtors will be asked to shoulder his share in proportion. The solidary creditor
who received the payment is obliged to distribute the proportionate share of each solidary
creditors (Art. 1217).
References:
Article 1207 of the Civil Code of the Philippines
Article 1208 of the Civil Code of the Philippines
Article 1210 of the Civil Code of the Philippines
Article 1211 of the Civil Code of the Philippines
Article 1212 of the Civil Code of the Philippines
Article 1215 of the Civil Code of the Philippines
Article 1217 of the Civil Code of the Philippines
De Leon H. (2014). Different Kinds of Obligations Section 4 – Joint and Solidary
Obligations (pg. 151-170). The Law on Obligations and Contracts.
Tolentino, A. (1992). Commentaries and Jurisprudence on the Civil Code of the
Philippines Volume IV: “Obligations and Contracts”